MG26-001 Staff Decision - Laserfiche WebLink

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the outdoor mass gathering to ensure the safe and efficient flow of vehicles. If flaggers, traffic control devices or dust control measures are required, the plan must include details showing their expected use and placement. The use of flaggers, traffic control devices or dust control measures must comply with standards established by the Marion County Department of Public Works. The Public Works Department traffic section reviewed the information for the event and had no objections to the plans. There are conditions of approval through which MCC 9.25.120 would be satisfied. MCC 9.25.130: Permit Posting Any permit issued as provided in this ordinance shall be kept posted in a conspicuous place upon the premises of the assembly. No permit shall be transferable or assignable without the consent of the Board. No rebate or refund of money paid for a permit shall be made. This can be made a condition of any approval. MCC 9.25.140: Inspection of Premises Inspection of Premises (A) No application shall be granted under this ordinance unless the Organizer agrees and consents, in writing as part of the application for the permit, to allow law enforcement, public health and fire control officers to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions of the permit issued pursuant to this ordinance, and any other applicable laws or ordinances. (B) If any inspections described above reveal deficiencies in compliance with State or local law, the inspectors may return as often as needed until the deficiencies are cured. If the deficiencies are not cured or cannot be cured, the county Sheriff may terminate the outdoor mass gathering or extended outdoor mass gathering as provided in Section 17(3). In their statement, the applicants consent to allow inspections as outlined above. MCC 9.25.140 is satisfied. MCC 9.25.150: Restricted Hours of Operation (A) When sound amplification is used, no outdoor mass gathering shall be conducted within 1,000 feet of any neighboring residence between the hours of 11:00 p.m. and 9:00 a.m. (B) If written consent from neighboring property owners and residents are submitted with the application, the Board may modify these hours in the permit. (C) The Board, in its discretion, may require that an outdoor mass gathering comply with all or portions of the Marion County Noise Ordinance if the Board determines that doing so is necessary to preserve the comfort and repose of neighboring residents. The applicant states sound amplification will be used during the day for announcements and there will be background music in the vendor area. The applicant states there will be no sound after 11:00 pm on Friday, 11:00 pm on Saturday, or 3:00 pm Sunday. Quiet period will be enforced by on-site security. There is a residence within 1,000 feet of the event area. However, it appears that noise will not continue past 11:00 pm at night. Therefore, as conditioned, it is unlikely that the event will violate the County Noise Ordinance. MCC 9.25.150 is satisfied. MCC 9.25.160: Organizer Responsible for Preserving Order It is the intention of this ordinance to put the burden of preserving order upon the organizer of the outdoor mass gathering, and if any outdoor mass gathering in the County is not being operated in accordance with the rules and regulations prescribed in this ordinance and as set forth in state law, the organizer shall be subject to revocation of the permit, and the organizer or other individual responsible subject to such other sanction as the law and this ordinance provide.